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Tuesday, November 6, 2018

The Ohio Industrial Commission is Currently Reviewing 13 of its Administrative Rules

The following information is being provided pursuant to the requirements of Executive Order 2011-01K and Senate Bill 2 of the 129th General Assembly, which requires state agencies, including the Ohio Industrial Commission, to draft rules in collaboration with stakeholders, assess and justify any adverse impact on the business community (as defined by SB2), and provide an opportunity for the affected public to provide input on the rules.

The Ohio Industrial Commission is conducting its 2019 five-year rule review of the following rules:  4121-2-01, 4121-2-02, 4121-3-12, 4121-3-20, 4121-15-01, 4121-15-02, 4121-15-03, 4121-15-04, 4121-15-05, 4121-15-06, 4121-15-07, 4121-15-08, and 4121-15-09.

As part of this review, the agency has initially determined that 4121-2-01, 4121-3-12, 4121-3-20, 4121-15-01, 4121-15-02, 4121-15-03, 4121-15-04, 4121-15-07, 4121-15-08, and 4121-15-09 should be amended to reflect changes in the subject area affected by the rules and the concerns raised by its stakeholders.  The agency has determined that the remaining rules under review need not be changed at this time.

The Ohio Industrial Commission welcomes comments regarding the proposed changes to  4121-2-01, 4121-3-12, 4121-3-20, 4121-15-01, 4121-15-02, 4121-15-03, 4121-15-04, 4121-15-07, 4121-15-08, and 4121-15-09, as well as the initial determination to file the remaining rules as “no change.”

The Commission is proposing the following rule actions (To view the proposed rules click on the PDF links below.):

If you wish to comment on any of the aforementioned proposed rule actions, please reply to the Commission at rulecomments@ic.ohio.gov by December 1, 2018.

 

Wednesday, November 7, 2018

Notice of Public Hearing

The Ohio Industrial Commission (OIC) will hold a Public Hearing on Wednesday, December 12, 2018 at 1:00 PM, L-2, Room 1, 30 West Spring Street, Columbus, Ohio to consider the following:

The Amendments of the following rules:

  • 4121-2-01  Standards of practice for attorneys, agents and representatives of claimants or employers. The OIC is proposing the amendment of Ohio Adm.Code 4121-2-1 to make the rule gender neutral and to delete the first sentence in paragraph B as this language is set out in R.C. 4123.96.   
  • 4121-3-12 Suspension of the processing of claims. The OIC is proposing the amendment of Ohio Adm.Code 4121-3-12 to make the rule applicable to worker’s compensation benefits.
  • 4121-3-20 Additional awards by reason of violations of specific safety requirements. The OIC is proposing the amendment of Ohio Adm.Code 4121-3-20 to make the rule gender neutral.
  • 4121-15-01 Code of ethics, title and rules covering. The OIC is proposing the amendment of Ohio Adm.Code 4121-15-01 to insert the word "for" and delete the word "of" from the rule to cite correctly to the agency’s code of ethics.
  • 4121-15-02 Policy. The OIC is proposing the amendment of Ohio Adm.Code 4121-15-02 to insert the word “ethics” to the name of the rule so that it is clear to what rule the policy applies.
  • 4121-15-03 Standards of conduct. The OIC is proposing the amendment of Ohio Adm.Code 4121-15-03 to insert language, clarifying that the one-year prohibition, after leaving state service, against representing any person in any matter, in which a Commission Member or employee exercised discretionary authority while serving with the Commission, does not apply to ministerial acts.
  • 4121-15-04 Posting, distribution and employee acknowledgement and receipt. The OIC is proposing the amendment of Ohio Adm.Code 4121-15-04 to delete the words "Employees of" from the title of the code of ethics to refer to the code appropriately.  
  • 4121-15-07   Representatives’ responsibility relative to employees' code of ethics. The OIC is proposing the amendment of Ohio Adm.Code 4121-15-07 to insert the word "for" and delete the word "of" from the rule to cite correctly to the agency’s code of ethics.
  • 4121-15-08 Remedial action against persons exercising improper influence and engaging in favoritism. The OIC is proposing the amendment of Ohio Adm.Code 4121-15-08 to delete an errant period between the words “violation” and “of’ located in the first sentence of the rule.
  • 4121-15-09 Prohibition against unnecessary claim file possession. The OIC is proposing the amendment of Ohio Adm.Code 4121-15-09 to insert the word “access” and delete the word “possession’ from the title and body of the rule to reflect that claim files are now both paper and electronic and to change the reporting of violations of the rule to the chief ethics officer of the commission. 

All interested parties will be given an opportunity to be heard. Any interested party unable to attend the public hearing may submit written comments via email to rulecomments@ic.ohio.gov prior to the hearing.

Pursuant to the Americans with Disabilities Act, the Industrial Commission will consider a reasonable accommodation to allow qualified, interested parties with a disability to testify where the accommodation is necessary and available and does not present an undue hardship to the Industrial Commission. An individual requiring special accommodations should contact the Office of Human Resources by calling (614) 466-2765.

The full and complete text of the proposed rules is available on the Register of Ohio’s website at www.registerofohio.state.oh.us; and is on file in the office of the Secretary of State at 180 East Broad Street, Suite 103, Columbus, Ohio, the Legislative Service Commission at 77 South High Street, 9th Floor, Columbus, Ohio, the Joint Committee on Agency Rule Review at 77 South High Street, Concourse Level, Columbus, Ohio, and all Industrial Commission offices. In addition, the text of the proposed rules may be viewed in the article above.